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HomeMy WebLinkAbout2007-356 . ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.2007-356 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH USO ONTARIO FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2007/08. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with the usa Ontario for financial assistance from the civic and promotion fund for FY 2007/08, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. Section 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the adoption of this resolution. /11 II/ II/ II/ II/ II/ II/ II/ II/ II/ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH USO 1 ONTARIO FOR FINANCIAL ASSISTANCE FROM THE CIVIC AND PROMOTION FUND FOR FY 2007/08. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 20th day of August ,2007, by the following vote to-wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X BAXTER X BRINKER X - DERRY X KELLEY X JOHNSON X MCCAMMACK ~ ~~.~ City Clerk oIL The foregoing resolution is hereby approved this ~ day of August , 2007 Approved as to form: JAMES F. PENMAN, City Attorney it. 2 2007-356 1 2 3 4 This AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a 6 municipal corporation, referred to as "City" and "USO Ontario", anon-profit orgll1'i7Jltion, 6 referred to as ''Orglmi7AAon. " 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 2S 24 26 26 ?:l 28 AGREEMENT Civic ad Promotioaal The parties agree to as follows: 1. Recitals, A. Orglmi7J1tion bas requested financial assistance from City for the Fiscal year 2007/08, in order to assist in defraying the expenses connected with the conduct of events related to the operation of their USO Center located at Ontario Airport, as outlined in their letter to the City Manager, dated June 13,2007, a copy ofwbich is -.bed hereto marked Exhibit "A", The terms of the request are incorporated herein by reference and shall govern the uses of the funds provided herein. The financial assistance provided for in this agreement is made on a on~time basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the terms of this agreement B. The expenditure is for a valid municipal public purpose, to wit: the provision of food and beverages to appromnAtely 2.100 active and retired military and their families during layovers at Ontario Airport while traveling, for a period of three (3) months. 2. Payment. Upon presentFion of a claim to the City Finance Director, City shall pay to orgll1'i7.ation from the civic and promotion fimd budget for the 2007/08 fiscal year, the total sum of $2,500. 2007-356 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND USO ONTARIO FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CNIC AND PROMOTION FUND. 1 2 3 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in -4 Paragraph I above. No deviation from these provisions shall be made without the express 5 approval of the City of San Bernardino. Any unexpended funds shall be returned to the City by 6 7 8 9 10 11 12 13 Organization. 4. Accountability. Financial records shall be maintained in accordance with generally accepted accounting principles by Organization in such manner as to permit City to easily trace the expenditure of the funds. All books and records of Organization are to be kept open for inspection at any time during the business day by the City or its officers or agents. Failure to submit the financial records in accordance with this section will result in the Organization 14 reimbursing the City in the full amount received by Organization. At the conclusion of the 15 program, Organization shall present the City Manager or his designee a written accounting of all 16 expenditures and revenues connected with said event. Organization will further supply City with 17 18 any and all receipts relating to accounting of expenditures if so requested by City. If 19 20 21 22 23 24 25 26 27 28 Organization does not submit an accounting of expenditures and revenues which City deems appropriate, such failure will result in the Organization reimbursing the City in the full amount received by Organization. 5. Hold Harmless. Organization covenants and agrees to defend, (if requested by City), indenmify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt 2 2007-356 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND USO ONTARIO FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND PROMOTION FUND. 1 of the funds paid hereunder and all operations under this Agreement. Payments hereunder are 2 3 made with the understanding that the City is not involved in the performance of services or other 4: activities of Organization. The costs, salary and expenses of the City Attorney and members of 5 his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the purposes of this paragraph. 6. Insurance. While not restricting or limiting the foregoing, during the term of this agreement, Organization shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000, per occurrence combined single limit, naming the City of San Bernardino, its officers, employees and agents, as additionally insured. Said coverage shall require thirty (30) days written notice to the City if insurance is terminated or materially altered. 7. Termination. City shall have the right to terminate this agreement by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In the event this agreement is terminated for reasons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to City. In addition, Organization shall reimburse to City any funds expended which were used for any purpose other than those authorized under this agreement. 8. Authorization to Execute. Organization hereby covenants that it has taken all actions necessary to make the adherence to the obligations imposed by this agreement a binding obligation of the organization. . 3 I ~, 2007-356 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND USO ONTARIO FOR FINANCIAL ASSISTANCE FROM FY 2006/07 CIVIC AND PROMOTION FUND, 1 2 3 4 Sent by certified mail, postage prepaid, addressed as follows: 5 6 7 8 9. Notices. All notices herein required shall be in writing and delivered in person or As to City: As to Organization: City of San Bernardino USO Ontario 300 North "0" Street 1940 E. Moore Way San Bernardino, CA 92418 Ontario, Ca 91761 9 10 11 III 12 13 14 15 Attn: City Manager Attn: Ron Dye, Director /II /II 1/1 /II 16 17 18 I I I 19 /II /II 20 /II 21 /I I 22 /II 23 24 25 26 27 28 /II /II /II /II 4 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2007-356 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND USO ONTARIO FOR FINANCIAL ASSISTANCE FROMFY 2006/07 CIVIC AND PROMOTION FUND. 10. Entire Agreement. This agreement and any documents or instruments attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this agreement, and any such document or instrument, the terms and conditions of this agreement shall prevail. In witness whereof, the parties hereto have executed this agreement on the day and date first above shown. By. uso.~ By. .p. Ro Dye, Directo~ ATTEST: By: ~ h.~ City Clerk 22 23 24 25 26 27 28 Approved as to form: 5 HUMAN RIlsoURCIlS DEPAIlTMENT LlNN I..mNGlrroN - DIUCI'OIl 300 North "D" Street. San Ba1wdino. CA92418-0001 _.384.5161 . Fax: 909384.5397 www.sbcity.org .. October 8, 2007 USO Center Ontario Airport 1940 E. Moore Way Ontario, Ca 91761 Attn: Ron Dye, Director RE: City of San Bernardino Civic and Promotional Agreement/Financial Assistance Promotion Fund Dear Mr. Dye: The City of San Bernardino will be waiving the requirement to carry automobile liability insurance under the Insurance Clause listed as, item IUlmber 6 of the enclosed Civic and Promotional Agreement between the usa Ontario and the City of San Bernardino. By: Lon Sassoon, Assistant to the City Manager . PI!.IIsoNNJlL . RI.'IK MANAGEMENT lE.,t.H leo/loA ,. ONTARIO June 13,2007 ~~C'~ 1V~/, tI U'.r l..J If? CCity Of ,:JOOI ~~ I~ 'be Mr. Fred Wilson, City Manager City of San Bernardino 300 N. "D" Street San Bernardino, California 92418 Dear Mr. Wilson, I thank you for your interest in supporting the usa at Ontario Airport. I will provide the information you requested with regard to other cities, number of troops served, and our financial status. At this point, no other San Bernardino County cities have responded to our request, possibly because the letter is so recent. A few months ago I made a similar request of Riverside County cities and nine responded favorably with amounts between $1000 and $5,000. Obviously with the differences in size, financial condition and even geography such disparity in response is considered normal. The number of troops we have served is showing a steady increase each mon~ For 2007 we served the following: January 350; February 236; March 380, April5SJ! and May 657. It is clear that our outreach program is working and more soldiers, sailors, marines and airmen are finding us. Although the usa is chartered by the United States Congress, NO funding is provided. Each usa Center is responsible for developing its own budget and raising its funds. Our last audit which was completed in March 2007 shows that 86.85% of every dollar we raised went directly to troop support. We are proud of that and continue to strive to improve even on that phenomenal record. The Greater Los Angeles Area usa operates three usa Centers (Bob Hope Hollywood usa at LAX, the Ontario usa at Ontario, and the Palm Springs usa at Palm Springs.) There are only two paid staff members and the centers are primarily operated through the dedicated support of nearly 300 volunteers. Although our normal operating hours are from 6 AM to 10 PM, we frequently find ourselves remaining open around the clock to provide for our troops who are stranded. 1940 E. Moore Wl{V; Ontario. CA 91761 - (909) 390-4274 - Fax (909) 390-4380 - PO Box 4256; Ontario, CA 91761-8956 FederallD# 95-2302811 - 501(c) (3) - California Corporation C0451079 Please feel free to contact me directly should you require more information. Again, thank you for your interest in the USO at Ontario and feel free to drop in for a tour of the facility at any time. Sincerely, :e: :V~ R~YE Director